News & Resources

Dispensing Optician recovers £320,000 for a suspected mild Traumatic Brain Injury

3rd November 2017

Marcus Grant, instructed by Tom Ranson of Ashton’s Legal represented a 38 year old claimant who sustained injuries in a rear end shunting car accident.

Dispensing Optician recovers £320,000 for a suspected mild Traumatic Brain Injury. Marcus Grant, instructed by Tom Ranson of Ashton’s Legal, represented the Claimant.

Following a moderately severe rear-end shunting accident on the M1, this (then) 33-year-old Dispensing Optician sustained a whiplash injury and presented with symptoms of headaches, reduced memory and concentration, heightened mental fatigue, OCD character traits, reduced tolerance, impaired decision making and symptoms of post traumatic stress disorder.

Clinical assessment by his experts confirmed post traumatic amnesia (PTA) of between 15 and 30 minutes only, a normal GCS, no loss of consciousness, a normal MRI of the brain and no retrograde amnesia. He underwent a course of CBT and his PTSD symptoms remitted to a sub-clinical level. The enduring cluster of cognitive and behavioural symptoms remained. Despite them, he continued working full time as a Dispensing Optician over the 5.5 years between the accident and settlement. On his case, this was only possible because of adjustments made by his employer in the workplace. Neurospychological testing by his expert revealed a subtle pattern of deficits in delayed working memory and processing speed tasks, against a backdrop of a pre-morbid superior intellect, that was consistent with a diagnosis of Diffuse Axonal Injury following on from mild Traumatic Brain Injury (mTBI).

The Defendant’s experts accepted that the Claimant was a reliable informant but attributed his subjective cognitive and behavioural symptoms to a combination of pre-existing psychological vulnerability, post-accident anxiety attributable to the sub clinical PTSD and the stress of the litigation; Its experts contended that the residual symptoms that would settle post-litigation with CBT, leaving him at no disadvantage on the labour market. The experts in their reports and joint statements analysed the emerging literature on the incidence of chronic disabling symptoms amongst the enormous cohort of mTBI patients throughout the population, literature dating between 1943 and October 2017.

The case was settled through negotiation at a point between the Parties’ respective best case scenarios.





Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993


Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC kmorton@tgchamber.com

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or dnorton@tgchambers.com